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Ad Hoc / Daily Wager Employees - Inclusion under Section 25F
Multiple judgments confirm that daily wage or ad hoc employees are covered under Section 25F of the Industrial Disputes Act, 1947, provided they meet certain criteria such as continuous service and employment under the control of an employer. For instance, the Supreme Court and various High Courts have held that even temporary or daily wage workers who have rendered continuous service are entitled to the protections under Section 25F, including reinstatement and other benefits.
References: General Manager, State Bank of India VS Presiding Officer, The Central Government Industrial Tribunal-cum-Labour Court - Madras, Div. Manager, New India Assurance Co. Ltd. VS A. Sankaralingam - Supreme Court, Municipal Corporation of Delhi VS Ram Milan - Delhi, Div. Manager, New India Assurance Co. Ltd. VS A. Sankaralingam - Rajasthan, IRCON INTERNATIONAL LTD. VS BAIKUNTH NATH DUBEY - Allahabad, JADEJA PRAVINSINH NANBHA V/s STATE OF GUJARAT - Gujarat -
Criteria for Coverage under Section 25F
The key requirement is that the employee must have completed continuous service for a period of not less than 240 days in the preceding 12 months before retrenchment. Courts have clarified that this applies to daily wage, part-time, and ad hoc workers if their service qualifies as continuous and under the employer’s control.
References: Div. Manager, New India Assurance Co. Ltd. VS A. Sankaralingam - Supreme Court, Div. Manager, New India Assurance Co. Ltd. VS A. Sankaralingam - Rajasthan, IRCON INTERNATIONAL LTD. VS BAIKUNTH NATH DUBEY - Allahabad -
Legal Interpretations and Court Rulings
Courts have consistently interpreted that temporary, daily, or part-time employees engaged under the employer’s control are workmen under Section 2(s) and thus fall within the scope of Section 25F if they satisfy the continuous service condition. The courts have emphasized that the nature of employment (temporary or daily wage) does not exclude such workers from the protections if they meet the criteria.
References: Div. Manager, New India Assurance Co. Ltd. VS A. Sankaralingam - Supreme Court, Div. Manager, New India Assurance Co. Ltd. VS A. Sankaralingam - Rajasthan, Municipal Corporation of Delhi VS Ram Milan - Delhi, General Manager, State Bank of India VS Presiding Officer, The Central Government Industrial Tribunal-cum-Labour Court - Madras -
Exceptions and Limitations
Some judgments note that if the employment is purely contractual without continuity or if the employee was engaged for a specific project with a definite end, then Section 25F may not apply. Also, the existence of a live industrial dispute at the time of reference is necessary for reinstatement under Section 25F.
References: Surendranagar District Panchayat VS Valiben Haribhai - Gujarat, Rajkot District Panchayat VS Rajendra K. Oza - Gujarat, Municipal Corporation of Delhi VS Ram Milan - Delhi
Analysis and Conclusion:
Based on the legal precedents, ad hoc, daily wager, and part-time employees who have completed continuous service under the control of the employer are entitled to the benefits of Section 25F of the Industrial Disputes Act, 1947. The courts have broadened the scope to include such workers, emphasizing the importance of continuous service and employer control, thereby ensuring that temporary and casual workers are afforded statutory protections similar to permanent employees.
Search Results for "Ad Hoc Employee or Daily Wager Employee will Also Fall under the Section of 25f of Industrial Dispute Act"
2015 0 Supreme(Mad) 192 • India - Madras
M.DURAISWAMY
Industrial Dispute - Termination of Service - Sec.25(f) of Industrial Dispute Act, 1947, Sec.3 of the Tamil Nadu Industrial Establishment ... Sec.25(f) of the Industrial Dispute Act, 1947 and Sec.3 of the Tamil Nadu Industrial Establishment Conformant of Permanent Status ... The court emphasized the entitlement of th....
2008 7 Supreme 223 • India - Supreme Court
TARUN CHATTERJEE, HARJIT SINGH BEDI
Industrial Disputes Act, 1947 – Section 2(s) – A part time employee would be a workman ... as understood in Section 2(s) and would have the benefit of Section 25F of the Act. ... 2(s) of the Act and whether he would be entitled to the benefit of continuous service under section 25B and the benefit of Section ... in r....
• India - Delhi
I.S.MEHTA
Municipal Corporation of Delhi - Industrial Dispute - Industrial Disputes Act, 1947, Sections 25-F, 25-G, Rules 76, 77, 78, Articles ... provisions, particularly Sections 25-F and 25-G, leading to the dismissal of the writ petition. ... The key legal provisions of Sections 25-F and 25-G were interpreted to determine the workman's right to regularisation and equal ... Further, the plea of....
2006 0 Supreme(Mad) 1823 • India - Madras
A.KULASEKARAN
Writ of Certiorari - Employment Dispute - Industrial Disputes Act, 1947 - Section 25(F), 25(G), 25(H) - The court discussed the ... Finding of the Court: The court found that the petitioner's engagement as a daily wage employee did not confer any ... Ratio Decidendi: The court's decision was based on the finding that the petitioner's engagement as a daily wage employee#HL_EN....
2012 0 Supreme(Guj) 193 • India - Gujarat
R.M.CHHAYA
service came to an end as per terms and conditions of employment here termination can not be held under the terms of contract under Section ... and conditions of the employment and hence it cannot believed that the termination of respondents-workmen would be covered under Section ... 2(oo)(bb) of the Act. ... Whenever an employer challenges the maintainability of industrial dispute on th....
2008 0 Supreme(Raj) 1066 • India - Rajasthan
TARUN CHATTERJEE, HARJIT SINGH BEDI
under the control and supervision of an employer — Held — Part-time employee would be a workman in term of Sec. 2(s) of the Act and ... Industrial Disputes Act, 1947, Sec. 2(s) and 25-F & 25-B — Scope of the word Workmen — Workman employed on a part-time basis but ... in relation to an industrial dispute, includes any such person who has been dismissed, discharged, or r....
2016 0 Supreme(Guj) 1397 • India - Gujarat
J.B.PARDIWALA
25F of the Industrial Disputes Act, 1947. ... 25F of the Industrial Disputes Act, 1947. ... 25F of the Industrial Disputes Act, 1947. ... 25(F) of the Industrial Dispute Act, 1947. ... Act, but did not raise any industrial dispute. ... raised any other industrial dispute#....
2005 0 Supreme(All) 2607 • India - Allahabad
RAKESH TIWARI
Contractual Employment - Termination of Services - Industrial Disputes Act, 1947 - Section 25F, 25FFF, 25N, 25O Fact of ... Finding of the Court: The Central Government Industrial Tribunal (C.G.I.T.) held that the workman was a regular employee ... The workman's services were terminated after the completion of a project, and he raised an industrial dispute challenging....
2024 Supreme(Online)(GUJ) 27259 • India - High Court of Gujarat
A.S. SUPEHIA, PRANAV TRIVEDI, JJ
25F does not automatically entitle reinstatement; the workman must demonstrate a live industrial dispute at the time of reference ... (A) Industrial Disputes Act, 1947 - Sections 25F, 25G, and 25H - Application for enhancement of compensation following retrenchment ... - Applicant was a daily wager retrenched in 1994 without due process - Labour Court ....
2016 0 Supreme(Guj) 279 • India - Gujarat
K.M.THAKER
The respondent's service was terminated in 1990, and he raised an industrial dispute in 1996. ... Labour Court - Industrial Disputes Act - Section 2(oo)(bb), Section 25F Fact of the Case: The petitioner panchayat ... The Court also found that the petitioner failed to establish the date on which the regularly selected employee came to be appointed ... ....
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